Page 1977 - Week 06 - Thursday, 9 June 2016
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to speak in support of the Mental Health Amendment Bill 2016. The primary purpose of the amendment bill relevant to my portfolio responsibility of corrections is to authorise the transfer of a detainee’s legal custody from ACT Corrective Services to ACT Health upon their admission to the secure mental health unit once it is operational. The amendment bill also includes consequential amendments to the Corrections Management Act 2007 to give effect to these changes.
These amendments mark a significant change to and maturity in the way the government supports detainees who require treatment or care for mental illness or mental disorder. The secure mental health unit will provide the necessary capability to appropriately balance the detainee’s obligations in custody and the government’s responsibility to staff and public safety and ensure that detainees have a standard of health care equivalent to the community in conditions of detention that promote their health and wellbeing.
ACT Corrective Services are responsible for ensuring the safety, security, health and wellbeing of detainees, the safety of staff and the community, and the security of correctional services. Currently a detainee attending a health facility for treatment remains in the legal custody of ACT Corrective Services throughout their transport and stay in a health facility. ACT Corrective Services makes decisions regarding appropriate security arrangements for the detainee, taking into account the safe custody and welfare of the person and the safety of staff and members of the public.
The final decision over security and escort arrangements of the detainee remains the responsibility of ACT Corrective Services. This includes any use of restraints or use of force where they are deemed necessary. Since the Alexander Maconochie Centre was opened in 2009, ACT Corrective Services staff have worked in partnership and collaboration with ACT Health staff to support detainees requiring health treatment. This includes treatment for mental illness or mental disorder, including those on formal mental health orders either within the correctional centre or, where necessary, at the mental health assessment unit or adult mental health unit.
Since 2009, the number of detainees with complex needs in the ACT has increased. The changes effected by the amendment bill recognise the additional resources required to adequately support the management and ongoing intervention of detainees who require treatment for mental illness or mental disorder, and are consistent with practice in other jurisdictions across Australia.
The provisions included in this amendment bill do not remove ACT Corrective Services’ responsibility or care for detainees who require treatment for mental illness or mental disorder. Instead, these amendments recognise that in certain circumstances it is more appropriate for a detainee to receive treatment at a dedicated and secure facility. The additional capability realised through the construction of the secure mental health unit and the provisions in this amendment bill meet this gap.
The amendment bill also aims to address the potential legislative tension between provisions in the Mental Health Act 2015 and the former Mental Health Treatment and Care Act 1994 and the Corrections Management Act 2007 regarding the management, security and appropriate care for detainees in ACT Corrective Services custody requiring mental health treatment and care.
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